Terms of Service

1. Acceptance of Terms

By using Fusion Calling, you agree to comply with and be legally bound by these Terms. These Terms form a binding agreement between you and Fusion Calling LLC (or the applicable Fusion Calling entity). Continued use after updates constitutes acceptance of the revised Terms.

2. Description of Service

Fusion Calling is an AI calling and communication platform designed for businesses to:

• Create and manage AI-assisted calling workflows
• Automate outbound/inbound call handling
• Track analytics and engagement metrics
• Integrate with CRMs and communication tools
• Monitor call performance and outcomes

Our platform may integrate with third-party services for authentication, payments, messaging, and analytics.

3. User Accounts and Registration

To use the Service, you must:

• Be at least 18 years old or have parental/guardian consent
• Provide accurate, complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us promptly of any unauthorized access

You may register using supported identity providers (e.g., Google OAuth) or email/password authentication. Account deletion requests can be sent to support@fusioncalling.com.

4. Acceptable Use Policy

You agree NOT to use the Service to:

• Send spam or unsolicited communications or violate anti-spam laws
• Collect or process contact data without proper consent
• Create misleading, deceptive, or unlawful call flows
• Violate any applicable laws or regulations
• Infringe on intellectual property or privacy rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or data
• Use the platform for illegal, abusive, or unethical purposes

Violations may result in immediate suspension or termination of your account.

5. Third-Party Service Integration

By using Fusion Calling, you acknowledge and agree to the terms of service and privacy policies of any integrated third-party services (e.g., identity providers, payment processors, messaging services). We are not responsible for the availability, functionality, security, or policies of these third-party services.

5.1. Google Calendar Integration and OAuth Authorization

Scope of Access: When you authorize Fusion Calling to access your Google Calendar through OAuth authentication, you grant us read-only access to:

• Your calendar event titles, times, duration, and descriptions
• Your calendar settings to determine availability

What We Will NOT Do: You agree that Fusion Calling will not:

• Modify, create, or delete events in your Google Calendar
• Share your calendar data with third parties
• Use your calendar data for targeted advertising or marketing
• Sell or trade your calendar information
• Use calendar data to build competing services or scrape information
• Train machine learning or AI models using your calendar data
• Use calendar data for any purpose beyond coordinating with our calling platform

Data Retention and Deletion: Calendar event information accessed through Google APIs is retained only as long as necessary to provide scheduling functionality. Upon account deletion or disconnection of your Google Calendar, we will immediately cease accessing your data and securely delete any cached information within 30 days.

Revocation of Access: You may revoke our access to your Google Calendar at any time through your Google Account settings or by contacting support@fusioncalling.com. Revocation will take effect immediately and prevent future calendar-based scheduling on our platform.

Compliance: We comply with the Google API Services User Data Policy and commit to using Google APIs only in accordance with Google's policies and restrictions.

6. AI Model and Third-Party Services

Third-Party AI Models: Fusion Calling utilizes third-party artificial intelligence and machine learning models to provide platform features. We do not develop or train these models ourselves. Our role is to integrate, configure, and orchestrate these services to deliver enhanced functionality.

AI Limitations: AI-powered features (including call transcription, predictions, and recommendations) are provided on an "as-is" basis. AI outputs may contain inaccuracies, and we make no warranties regarding the accuracy or reliability of AI-generated content. You are responsible for verifying any AI-generated information before taking action.

Third-Party Service Dependencies: Platform functionality depends on third-party services and APIs. We are not responsible for outages, changes, or discontinuation of these services. Your use of such features is subject to the respective third-party's terms of service.

7. Recording, Consent, and Legal Compliance

Call Recording Responsibility: You are solely responsible for obtaining proper consent from all call participants before recording or monitoring calls. Fusion Calling does not obtain consent on your behalf. You must comply with all applicable laws, regulations, and requirements in your jurisdiction regarding call recording, monitoring, and disclosure.

User Compliance Obligation: You agree to comply with all anti-spam laws, telemarketing regulations, do-not-call lists, and other applicable requirements when using the platform. Fusion Calling provides features to support compliance, but you maintain ultimate responsibility for lawful usage.

Indemnification for Non-Compliance: You indemnify Fusion Calling against any claims arising from your failure to obtain proper consent, violation of recording laws, or non-compliance with applicable regulations.

8. White-Label and Reseller Terms

White-Label Use: If you are authorized to resell or rebrand Fusion Calling services (white-label arrangement), you agree to:

• Maintain the underlying functionality and security of the platform
• Not remove or obscure Fusion Calling's attribution as required by your agreement
• Ensure end-users comply with these Terms of Service
• Remain liable for your end-users' compliance and actions
• Not reverse-engineer, copy, or compete with the platform

Sublicensing: You may sublicense the platform to end-users only as permitted in your specific white-label agreement. You are responsible for enforcing these Terms with your end-users and handling their support requests.

9. Data Ownership and Usage Rights

Your Data: You retain ownership of the content and data you create or upload, including call scripts, recordings, contact information, and analytics you generate.

Our Rights: You grant us a limited license to process your data solely to provide and improve the Service, including:

• Running and routing calls through the platform
• Processing messages and notifications
• Generating analytics and performance reports
• Providing support and troubleshooting

We do not claim ownership of your content and will not use it for purposes unrelated to providing the Service without your consent.

10. Compliance and Privacy

You are responsible for obtaining proper consent from call participants, complying with applicable call recording laws, telemarketing rules, privacy regulations (including GDPR/CCPA where applicable), and honoring data subject requests. We provide features to help with compliance, but ultimate responsibility remains with you as the data controller for your contacts and call flows.

11. Service Availability and Limitations

We strive for high availability but do not guarantee uninterrupted service, compatibility with all devices or networks, availability of integrations, or data recovery in all cases. We may modify, suspend, or discontinue features with reasonable notice when practicable.

12. Intellectual Property Rights

The Fusion Calling platform (including software, design, features, and branding) is protected by intellectual property laws and remains our exclusive property. You may not copy, modify, distribute, or create derivative works of the platform without our written permission.

13. Limitation of Liability

To the maximum extent permitted by law, Fusion Calling shall not be liable for indirect, incidental, special, consequential, or punitive damages; loss of profits, data, or business opportunities; damages resulting from third-party service failures; user-generated content; or compliance failures related to your use of collected data. Our total liability is limited to the amount you paid for the Service in the 12 months preceding the claim.

14. Data Export and Portability

Data Export: You may request an export of your account data at any time by contacting support@fusioncalling.com. We will provide your data in a commonly-used format within a reasonable timeframe.

Data Deletion: Upon account termination, we will delete your personal data within 30 days unless legally required to retain it. Some residual data may exist in backups for an additional period but will not be actively accessible.

15. Security and Incident Notification

Security Measures: We implement industry-standard security measures to protect your data. However, no system is 100% secure, and we cannot guarantee absolute protection against unauthorized access or breaches.

Incident Notification: In the event of a security incident that compromises your personal data, we will notify you without unreasonable delay and provide information about the nature of the incident, the data affected, and recommended actions.

Responsible Disclosure: If you discover a security vulnerability in our platform, please report it to security@fusioncalling.com. Do not publicly disclose the vulnerability before we have time to address it.

16. Third-Party Data Processing

Data Processors: Fusion Calling may use third-party services and sub-processors (including cloud providers, analytics services, and payment processors) to process your data. These processors are contractually bound to protect your data in accordance with applicable privacy laws.

Data Transfers: Your data may be processed and stored in multiple jurisdictions. Where required, we use appropriate safeguards (such as standard contractual clauses) to ensure adequate protection of your data during international transfers.

17. Indemnification

You agree to indemnify and hold Fusion Calling harmless from any claims, damages, losses, liabilities, and expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

18. Account Termination

Either party may terminate the Service relationship. You may request termination at any time by emailing support@fusioncalling.com. We may suspend or terminate for violations, illegal activity, or abuse. Upon termination, access may be suspended and data handled per our retention policies.

19. Dispute Resolution

Disputes arising from these Terms will be resolved through binding arbitration or courts of competent jurisdiction, unless prohibited by law. You waive participation in class actions where permitted.

20. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via reasonable notice (e.g., email). Continued use after changes constitutes acceptance of the updated Terms.

21. Governing Law

These Terms are governed by applicable laws and regulations. Any legal proceedings shall be conducted in English and in the venue we designate, unless local law requires otherwise.

22. Contact Information

For questions about these Terms of Service, please contact:

23. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

24. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fusion Calling regarding the Service.